Gerry
Id agree with Edwina's analysis. However it all comes down to who exactly is
the 'relevant authority' and under which enactment do they receive their
authority to access. 'Relevant authorities' identities within legislation
tend to be defined within the schedules of the Act under which their
authority is granted.
With statutory access claims it would be prudent to ask the requestor to
clarify which statute and subsection they claim their access right under
enabling the controller to verify the request. The data controller does have
an obligation to the data subject to exercise appropriate security to
prevent unauthorised disclosures.
Hope this assists
David Wyatt
----- Original Message -----
From: "Edwina Withe" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, September 30, 2004 5:50 PM
Subject: Re: [data-protection] Notifiable illnesses
> Not necessarily - public health could be at risk so
> local Environmental Health dept may be a rlevant authority and may need
> info as they will have enforcement powers and can close suspect
> premises.
>
> It's a Section 35 exemption; where the disclosure is required by or
> under any enactment
>
>>>> Tim Trent <[log in to unmask]> 30/09/2004 17:06:34
>>>>
> Surely it is for the medical practitioner to handle this and no-one
> else?
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Gerry Dane
> Sent: Thursday, September 30, 2004 4:49 PM
> To: [log in to unmask]
> Subject: [data-protection] Notifiable illnesses
>
> Dear all,
>
> Does anyone know the exemption that would apply in respect of a 3rd
> party
> request from a relevant authority, seeking access to personal data
> because
> it was believed the data subject had contracted a notifiable disease.
>
> Thanks,
>
> Gerry.
>
> Mr.G.Dane
> University of Newcastle
> Newcastle upon Tyne
> NE1 7RU
> Email: [log in to unmask]
>
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